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(영문) 서울남부지방법원 2015.04.09 2014고단4325
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle at a low price.

On June 27, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.073% with blood alcohol concentration of 0.073%, and driven the front of the Korean Commercial Securities in the direction of 56 as Seoul Young-gu, Seoul, the Defendant driven the two-lanes between three-lanes from the margin of the Korean Commercial Securities History.

At the time, there was a duty of care to check the safety of the course by reducing speed and checking well the front side of the vehicle driving service since it was night and there was an intersection in the front side, and thus, there was a duty of care to proceed.

Nevertheless, the Defendant neglected to do so and followed the part of the F. F. M. F. F. M. F. F. F. F. M. car in front of the Defendant’s vehicle in front of the train.

Ultimately, the Defendant, by such occupational negligence, left the victim E with an injury to the climatic salt, etc. requiring a medical treatment for about three weeks, and immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol of examination of partial suspect against the accused by the prosecution (including E statements);

1. Statement to E by the police;

1. Each written statement of E;

1. The actual condition survey report;

1. A report on the actual state of exploitation;

1. Application of medical certificates, copies of medical records, copies of tearies, and Acts and subordinate statutes concerning medical treatment;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes within the scope of adding up the long-term punishments in each of the above crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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